Terms of Service
1. HAULLA Platform
The Services comprise mobile application, website, and related services (each, an “Application”) that enables Users seeking to receive waste collection services (“Waste Collection Services”) to be matched with waste haulers (“Haulers”) equipped to provide the Waste Collection Services. Users can submit, manually or automatically, collection requests on HAULLA Platform and communicate as well as transact directly with Haulers willing to provide such services. As a User, you authorize HAULLA to match you with a Hauler based on factors including, but not limited to, waste location, waste type, waste volume, and dumpster size. Any decision by a User to receive Services is a decision made in such User’s sole discretion. Unless otherwise agreed by Ecube in a separate written agreement with you, each Waste Collection Service provided by a Hauler to a User shall constitute a separate agreement between such persons and the Services are made available solely for your personal use, provided, however, a property manager may use the service for the property or clients he/she maintains.
As the provider of HAULLA Platform, Ecube does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any services, vehicles, or equipment required to provide the Services. You hereby acknowledge and agree that Haulers are solely responsible for providing the Services.
Haulers are independent contractors of Users and not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Ecube. HAULLA Platform only enables connections between you and Haulers for the fulfillment of Waste Collection Services. Company is not responsible for the performance or communication of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Waste Collection Services, nor of the integrity, responsibility, competence, qualifications of Haulers.
The Services and all rights therein are and shall remain Ecube’s property or the property of Ecube’s licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Ecube’s company names, logos, product and service names, trademarks or services marks or those of Ecube’s licensors.
Subject to your compliance with the terms and conditions of this Agreement, Ecube grants you a limited, non-exclusive, non-sublicensable, revocable license to (i) access and use the Services on your personal computing device (e.g., a computer, a smartphone, and the like) solely in connection with your non-commercial and personal use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for facilitating the Waste Collection Services. Any rights not expressly granted herein are reserved by Ecube.
We are based in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible, available, or appropriate outside of the United States. If you access the Services from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.
a. You must register an account on the HAULLA Platform (“HAULLA Account”) to access and use certain features of the Services, such as submitting a waste collection request.
b. If you are registering a HAULLA Account for a business, organization, or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in this Agreement.
c. Account registration requires you to submit to Ecube certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Ecube. You must provide accurate, current, and complete information during the registration process and keep your account details up to date at all times.
d. You need a valid email address to register your HAULLA account and to create your password.
e. You agree not to create an account on another person or entity’s behalf, except for using the Services as set forth in Section 1. You also agree that you shall not maintain more than one account at the same time.
f. You are responsible for maintaining the confidentiality and security of your HAULLA Account credentials and may not disclose the credentials to any third party. You must immediately notify Ecube if you know or have any reason to suspect that your credentials have been compromised. You are liable for any and all activities conducted through your HAULLA Account, unless such activities are not authorized by you and you are not otherwise negligent of your responsibility to protect your credentials.
g. Ecube may, in Ecube’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Ecube through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Ecube, you grant Ecube a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Ecube’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
h. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Ecube the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Ecube’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
i. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Ecube in its sole discretion, whether or not such material may be protected by law. Ecube may, but shall not be obligated to, review, monitor, or remove User Content, at Ecube’s sole discretion and at any time and for any reason, without notice to you.
3. Eligibility and User Content
a. In order to register a HAULLA Account or access and use the HAULLA Platform, you must be an individual of at least 18 years old or a valid business, organization or a legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
b. Ecube may make access to and use of the HAULLA Platform, or certain areas or features of the HAULLA Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria.
a. Users can make automatic, recurring payments for the Waste Collection Services on the Haulla site, located at https://accounts.haulla.com (“Site”) by logging in and registering one’s payment method including, but not limited to, credit card or bank transfer.
b. Payment for Waste Collection Services is made from Users to Company via the Payment Service Provider (PSP), and not by HAULLA Platform.
c. Users of the HAULLA Platform will be required to provide their payment method details to Ecube and PSP.
d. To help prevent fraud and safeguard User information from the risk of unauthorized access, Ecube and/or the PSP may validate an account before activation. As part of the account validation, a temporary charge may be placed on the account associated with the User and then refunded within 1-3 business days.
e. Ecube reserves the right, but not obligation, in its sole discretion, upon request from User or Hauler, or upon notice of any potential fraud, unauthorized charges or other misuse of the HAULLA Platform, to (i) place on hold any payment or (ii) refund or provide credits, or arrange for the PSP to do so.
5. Modification of these Terms
Ecube reserves the right to modify the Services at any time, without notice to you. We may also from time to time amend this Agreement prospectively. If we do so, we will notify you by email (for registered Users) and posting on our website or mobile applications. Ecube further reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the HAULLA Platform or Services after aforementioned changes shall constitute your consent to such changes.
6. Terms specific for Users
a. HAULLA Platform will act as the single point of contact between you and the Haulers. You agree to contact HAULLA, and not a specific Hauler, regarding any billing, hauling, or other issues during the Agreement Term.
b. You shall make HAULLA Platform your exclusive provider of waste and recycling management services during the Agreement Term.
c. Title to Waste Materials shall transfer directly from you to Hauler at the time of Collection.
d. Title to Recyclable Materials shall transfer directly from you to Hauler at the time of Collection.
e. Title and liability for Prohibited Materials (as defined below) shall remain with you at all times. Ecube shall not be deemed to own, generate, process or control, and shall not be liable to you or any third party regarding any (i) Prohibited Materials, or (ii) Waste Materials for which Ecube has not expressly accepted title in writing.
f. You may not (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Ecube; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (vii) create, upload or transmit any content or data if you do not have the right to do so; (viii) distribute or otherwise make available any information or other content obtained through the Services to any third party; or (ix) use the Services in the development, directly or indirectly, or any product, software, or services that offers any functionality. Substantially similar to, or competitive with, the Services.
7. Limitation of Liability and Disclaimer
a. Under no circumstances will Ecube and affiliate or their corporate partners be liable for any direct, indirect, incidental, actual, consequential, economic, special or exemplary damages including, but not limited to, lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, failure to store any information or other content maintained or transmitted by the HAULLA Platform or Services.
b. Ecube and affiliates expressly disclaim any liability that may arise between users of its HAULLA Platform. Ecube and affiliates also do not accept any liability with respect to the quality of any work performed by the Haulers.
c. The Services are provided “as is” and “as available”. Ecube disclaims all representations or warranties, express or implied, or statutory, not expressly set out in this Agreement, including implied warranties of merchantability, fitness for a particular purpose or use, and non-infringement. Ecube does not guarantee the quality, suitability, safety or ability of Haulers or any third party providers. You hereby agree and acknowledge that the entire risk arising out of your use of the Services remains solely with you, to the maximum extent permitted under applicable law.
You agree to indemnify, defend, and hold harmless Ecube and its affiliates, and their officers, directors, employees, attorneys, insurers, independent contractors, providers, successors and assigns from and against any and all liabilities incurred in connection with (i) your use or inability to use the HAULLA Platform; (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party; and (iv) any content submitted by you or using your account in the HAULLA Platform, including, but not limited to, the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the indemnified parties for any liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Ecube reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without prior written consent of Ecube.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.